The Committee on the Judiciary moves to amend the bill on
page one, by striking out everything after the enacting clause
and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be
amended by adding thereto a new article, designated §16-1C-1,
§16-1C-2, §16-1C-3, §16-1C-4, and §16-1C-5, all to read as
follows:

“ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.

§16-1C-1. Definitions.

(a)“Direct patient care” means health care that provides
for the physical, diagnostic, emotional or rehabilitation needs
of a patient or health care that involves examination, treatment
or preparation for diagnostic tests or procedures.

(b) “Employee” means an employee or contractor of a health
care provider or a person who is granted privileges by a health
care provider who delivers direct patient care.

(c) "Health care provider" means an individual, partnership,
corporation, facility, hospital or institution licensed or
certified or authorized by law to provide professional health
care service in this state to a patient during that patient's
medical, remedial or behavioral health care, treatment or
confinement.

(d) “Secretary” means the Secretary of the West Virginia
Department of Health and Human Resources. The secretary may
define in rules any term or phrase used in this article which is
not expressly defined.

§16-1C-2. Identification badge requirements.

Notwithstanding any other provision of this code, an
employee shall wear an identification badge when providing direct
patient care. The identification badge shall be worn in a
conspicuous manner so as to be visible and apparent.

§16-1C-3. Exceptions.

(a) Notwithstanding section three of this article, the
following shall apply:

(1) An employee shall not be required to wear an
identification badge while delivering direct patient care if it
is not clinically feasible.

(2) The last name of the employee may be omitted or
concealed from an identification badge when delivering direct
patient care if the employee is concerned for his or her safety.

(b) An employee may petition the secretary for an exemption
from the requirements of this article for reasons that are not
set forth in this section.

(c) An employee providing direct patient care in a
behavioral health care setting may not be required to wear an
identification badge.

§16-1C-4. Rules.

The Secretary of the Department of Health and Human
Resources, in consultation with appropriate health care provider
professional licensing boards, shall propose rules for
legislative approval in accordance with the provisions of chapter
twenty-nine-a of this code to implement the provisions of this
article. These rules shall include, at a minimum:

(1) The contents of the identification badge, which shall at
least include the name of the employee and title of the employee;

(2) The title to be used to identify employee licensure
information;

(3) The appearance of the identification badge, which shall
have the title of the employee as large as possible in block
type: Provided, That health care facilities providing
identification badges prior to enactment of this article shall
not be required to issue new badges;

(4) The process and procedure for seeking an exemption from
the requirements of this article; and

(5) Such other rules as may be deemed necessary to
effectuate the purposes of this article.

§16-1C-5. Applicability.

Section three of this article applies to employees of health
care providers, who employ at least three licensed practitioners
or employ more than ten employees, as of July 1, 2015.”